The latest policy of rural self-built houses in 2023

"Several Provisions on the Safety Management of Residents' Self-built Houses in Hunan Province" was adopted at the 34th meeting of the Standing Committee of the 13th Hunan Provincial People's Congress on October 23rd, 2022. It is hereby promulgated and shall come into force on October 23rd, 2023.

Hunan Provincial People's Congress Standing Committee

165438+20221October 23rd

Provisions of Hunan province on the safety management of residents' self-built houses

Rule number one These Provisions shall apply to the safety management of residents' self-built houses within the administrative area of this province.

The term "self-built houses" as mentioned in these Provisions refers to private houses (including ancillary buildings, structures and other facilities) built by urban and rural residents themselves.

Rule number two The people's governments at or above the county level shall strengthen the leadership over the safety management of self-built houses by residents within their respective administrative areas, establish and improve the coordination and linkage mechanism of safety management, supervise and urge the implementation of safety management responsibilities, ensure safety management funds, and guide and support the township people's governments and sub-district offices to strengthen the construction of housing safety management teams.

Township people's governments and sub-district offices shall implement territorial responsibilities, be responsible for the safety supervision and management of residents' self-built houses within their respective jurisdictions, conduct daily supervision on the safety of sedan chains of residents' self-built houses, publicize relevant laws, regulations and safety knowledge on the safety management of residents' self-built houses, establish and improve the housing safety administrator and grid dynamic management system, and promptly stop illegal construction and other behaviors that endanger housing safety. Township people's governments and sub-district offices can provide technical support for housing safety management by purchasing services.

Villagers' committees and residents' committees shall assist township people's governments and neighborhood offices in the supervision and management of the construction and use of residents' self-built houses, and incorporate the relevant provisions on the safe construction and use of residents' self-built houses into village (neighborhood) regulations. Found illegal construction and other acts endangering the safety of housing, should be promptly discouraged, and report to the Township People's government, street offices.

Rule three. The competent department of housing and urban construction of the people's government at or above the county level shall be responsible for the comprehensive supervision and management of the safety of residents' self-built houses within their respective administrative areas, guide the construction of residents' self-built houses, take the lead in organizing the investigation and rectification of potential safety hazards of residents' self-built houses, and establish and improve a long-term mechanism for the safety management of residents' self-built houses.

The competent department of natural resources of the people's governments at or above the county level shall be responsible for guiding the residents within their respective administrative areas to handle land use and planning procedures according to law, and do a good job in the risk investigation of geological disaster-prone areas.

The competent agricultural and rural departments of the people's governments at or above the county level shall be responsible for guiding the management of rural residents' self-built homesteads within their respective administrative areas.

The fire supervision and management department shall guide the fire safety management in crowded places where residents build their own houses within their respective administrative areas.

The market supervision and management, education, public security, commerce, cultural tourism, health, emergency management, urban management and comprehensive law enforcement, finance, civil affairs and other departments of the people's governments at or above the county level shall, according to their respective functions and duties, do a good job in the safety supervision and management of residents' self-built houses.

Article 4? The Township People's Government shall, in accordance with these Provisions and other relevant laws and regulations, as well as the orders and decisions of the provincial people's government, implement the relevant administrative penalties for the safety management of residents' self-built houses in charge of the relevant competent departments of the people's governments at the county level; According to the entrustment of the relevant competent departments of the people's government at the county level, the relevant administrative license for the safety management of residents' self-built houses shall be implemented.

The relevant competent departments of the people's government at the county level may, according to the actual situation, entrust street offices to implement relevant administrative penalties and administrative licenses for the safety management of residents' self-built houses.

Article 5? New construction, renovation (expansion) construction and renovation of residents' self-built houses shall go through the procedures of land use, planning and construction according to law, and construction shall be carried out in accordance with the provisions of laws, regulations, rules, construction project planning permits or rural construction planning permits.

No new residents can build their own houses within the construction land of cities and counties.

Newly built residents' self-built houses shall generally not exceed three floors. Residents who have built their own houses in accordance with the law have more than three floors, and the number of floors after the renovation (expansion) shall not exceed the number of floors approved in accordance with the law.

Residents who build their own houses shall, in accordance with the provisions of the "People's Republic of China (PRC) Building Law" and relevant laws, regulations and rules, entrust a survey and design unit with corresponding qualifications to design a letter of closure, and entrust a construction enterprise with corresponding qualifications to carry out construction; Rural residents can choose the drawings provided free of charge by the competent department of housing and urban and rural construction of the people's government at the county level, and entrust qualified rural builders with construction skills training. Design and construction units and rural construction craftsmen shall carry out design and construction in accordance with the provisions of laws, regulations and rules and the contract.

Residents' self-built houses should be embedded with permanent signs, mainly including completion time, construction subject, construction subject and project leader.

After the completion of residents' self-built houses, the owners shall organize the completion acceptance. Those who fail to organize the final acceptance or fail to pass the final acceptance shall not be put into use, and those who put into use without authorization shall be ordered to stop using them. Measures for the completion and acceptance of residents' self-built houses shall be formulated by the competent department of housing and urban and rural construction of the provincial people's government.

Article 6? The owner of a house built by residents is the person responsible for the safety of the house. If the owner of the house is inconsistent with the user of the house, the owner and user of the house shall bear the responsibility for the safety of the use of the house in accordance with the agreement; If there is no agreement or the agreement is unclear, the owner of the house shall bear the responsibility for the safety of the use of the house. If the owner of the house is missing or the ownership of the house is unclear, the user or manager of the house shall bear the responsibility for the safety of the house.

The person responsible for the use of self-built houses by residents shall bear the following responsibilities for the use of houses:

(a) are not allowed to add layers or dismantle the main load-bearing structure of the house without authorization;

(two) daily safety inspection, maintenance and repair of houses, and timely eliminate potential safety hazards;

(three) found serious security risks, timely report to the residents' committees and villagers' committees, and take emergency measures such as suspending the use, evacuating the masses and setting warning signs;

(four) to ensure the fire safety of houses;

(five) other duties as prescribed by laws, regulations and rules.

Article 7? Residents' self-built houses are under any of the following circumstances, which endanger public safety. The person in charge of housing use safety shall entrust a housing safety appraisal institution to conduct safety appraisal according to law:

(a) the house appears obvious subsidence, cracks, tilt, corrosion and so on;

(two) due to natural disasters and fires, explosions and other accidents caused by housing damage;

(three) the residents' self-built houses have been designed and reached the designed service life;

(four) other obvious security risks found in the safety inspection and daily inspection or other circumstances stipulated by laws, regulations and rules.

Article 8? Housing safety appraisal institutions shall have independent legal personality, corresponding professional and technical personnel, professional equipment and facilities, and comply with the relevant provisions of the state and province.

The competent department of housing and urban construction of the provincial people's government shall announce the list of housing safety appraisal institutions to the public for public inquiry.

Housing safety appraisal institutions shall carry out appraisal activities in accordance with relevant regulations and standards, standardize the charging behavior, and be responsible for the authenticity and accuracy of the appraisal report.

Article 9? Residents' self-built houses are identified as Class C and D dangerous houses, and the housing safety appraisal institution shall deliver the housing safety appraisal report to the client in time, and report to the township people's government, sub-district office and the competent department of housing and urban construction of the county-level people's government where the house is located. Township people's governments and sub-district offices shall, within three days from the date of receiving the housing safety appraisal report, issue a notice urging the responsible person of housing safety to solve the crisis, and put forward opinions on the handling of dangerous houses and the time limit for solving the crisis; The person responsible for the safe use of houses shall take measures such as maintenance, reinforcement and demolition to resolve the crisis in accordance with the handling opinions put forward in the Notice on Urging and Resolving the Crisis.

Residents' self-built houses have been identified as C and D dangerous buildings, which are in danger of collapse. Housing safety appraisal institution shall immediately inform the client and immediately report to the township people's government, sub-district office and the competent department of housing and urban construction of the people's government at the county level where the house is located, and the township people's government and sub-district office shall immediately organize to take emergency measures; The person responsible for the safety of housing use shall immediately stop using it and organize personnel to evacuate.

Article 10? Residents' self-built business premises shall meet the following requirements in addition to the provisions of Article 6 of these Provisions:

(a) engaged in personnel intensive business activities, it shall obtain a certificate of housing safety appraisal that meets the requirements of the business format or a certificate of completion acceptance after reconstruction (expansion) in accordance with the requirements of the business format;

(two) meet the fire safety standards that the business premises should have, and shall not occupy or block the evacuation passages and safety exits;

(3) Generally, there shall be no more than three types of self-built houses per household, and the number shall be strictly controlled according to the requirements of structural safety, use safety, legal compliance of housing construction and fire safety. The specific number of standards shall be formulated separately by the relevant competent departments of the people's governments of cities and autonomous prefectures divided into districts. If the residents' self-built houses that have been used for business before the date of promulgation of these Provisions do not meet the requirements of this item, they shall be adjusted to meet the requirements before June 30, 2025;

(four) residents engaged in industrial production and processing comply with the provisions of relevant laws, regulations and rules;

(5) Other provisions of laws, regulations and rules.

Encourage insurance institutions to develop insurance products according to the safety management needs of residents' self-built houses, and encourage those responsible for the use of residents' self-built houses to purchase housing safety insurance.

Article 11? People's governments at all levels shall establish and improve the working mechanism for the investigation and rectification of safety risks and hidden dangers of residents' self-built houses.

The provincial people's government should strengthen the supervision, guidance, assessment and evaluation of the safety investigation and rectification of residents' self-built houses in the province. The people's governments at the city and county levels shall establish a normalized and long-term system for the safety investigation, examination and spot check of residents' self-built houses. Township people's governments and sub-district offices shall conduct regular investigations according to the safety conditions of residents' self-built houses within their respective jurisdictions; Every year, we will conduct a comprehensive investigation on key areas such as urban-rural fringe, urban villages, resettlement areas, schools and hospitals, industrial parks, tourist attractions, and geological disaster-prone areas, and strengthen daily inspections.

Through investigation and daily inspections, it is found that there are potential safety hazards in the house, and the Township People's Government and the sub-district office shall submit written opinions to the person responsible for the use of the house. Professional organizations and personnel should be involved in the investigation activities, and a ledger for investigation and rectification should be established.

Article 12? The competent department of housing and urban construction of the provincial people's government shall establish a comprehensive management platform for residents' self-built houses and promote the sharing of information on the safety management of residents' self-built houses. The people's governments at or above the county level and their relevant competent departments, township people's governments and sub-district offices shall use this platform to supervise and manage the land use, planning, construction and use of residents' self-built houses.

Thirteenth people's governments at the county level shall establish and improve the mechanism of complaints, reports and rewards for illegal acts of residents' self-built housing safety management, publicize the channels of complaints and reports, handle complaints and reports in a timely manner, and keep the information of complainants and informants confidential.

If the complaint or report is verified, it shall be rewarded by the local people's government where the residents build their own houses. Specific incentives and standards shall be formulated by the municipal and county people's governments.

Article 14 People's governments at or above the county level and relevant competent departments, township people's governments, sub-district offices, residents' committees and villagers' committees who abuse their powers, neglect their duties or engage in malpractices for selfish ends shall be punished according to law.

Fifteenth residents who have not obtained the construction project planning permit to build their own houses shall be handled by the urban management and comprehensive law enforcement departments of the municipal and county people's governments in accordance with the relevant provisions of the People's Republic of China (PRC) Urban and Rural Planning Law; Failing to carry out construction in accordance with the provisions of the construction project planning permit, the competent department of urban and rural planning of the people's government of the city or county shall order it to stop construction, and promptly hand it over to the comprehensive law enforcement department of urban management for handling in accordance with the relevant provisions of the People's Republic of China (PRC) Urban and Rural Planning Law.

Residents who build their own houses without obtaining the rural construction planning permit according to law or fail to carry out construction in accordance with the provisions of the rural construction planning permit shall be handled by the Township People's Government in accordance with the relevant provisions of the People's Republic of China (PRC) Urban and Rural Planning Law.

Article 16 If the person in charge of house use safety violates Item 1, Paragraph 2, Article 6 of these Provisions and adds stories or removes the main load-bearing structure of the house without authorization during use, the comprehensive law enforcement department of urban management of the people's government of the city or county or the people's government of a township shall order him to stop the illegal act, and take measures such as restoring to the original state within a time limit or repairing and reinforcing it to eliminate the risk. The person in charge of house use safety shall immediately stop the illegal act from the date of receiving the notice to stop the illegal act; Those who refuse to stop the illegal act and fail to take measures to eliminate danger such as restitution or maintenance and reinforcement within the time limit shall be ordered to stop using it.

Article 17? The person responsible for the safe use of houses, in violation of Article 7 of the present Provisions, fails to entrust a housing safety appraisal institution to conduct safety appraisal according to law, and shall be fined between 5,000 yuan and 10,000 yuan by the competent department of housing and urban construction of the people's government at the county level or the Township People's government; If the circumstances are serious, a fine of not less than ten thousand yuan but not more than fifty thousand yuan shall be imposed.

Article 18? Housing safety appraisal institutions, in violation of the provisions of the third paragraph of Article 8 of these measures, issue false appraisal reports, which shall be ordered by the competent department of housing and urban construction of the people's government at or above the county level to make corrections and impose a fine of not less than 100,000 yuan but not more than 300,000 yuan; If the circumstances are serious, a fine of not less than 300,000 yuan but not more than 500,000 yuan shall be imposed; If there are illegal gains, the illegal gains shall be confiscated. Housing safety appraisal institutions and responsibility appraisers shall not engage in housing safety appraisal activities in violation of relevant national and provincial prohibitive provisions within three years.

Nineteenth responsible for the safe use of housing in violation of the provisions of the first paragraph of Article tenth of this Ordinance, the relevant competent departments of the people's government at the county level or the Township People's government shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than five thousand yuan but not more than fifty thousand yuan shall be imposed.

Article 20? In violation of the provisions of the act, laws and regulations have administrative punishment provisions, from its provisions; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 21? These Provisions shall come into force as of June 6, 2023.

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